City Council
Regular MeetingTaunton, MA · November 28, 2023
Minutes
City ofrr'aunton
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Record of November 21, 2023 meeting was read by title and approved. So Voted.
Opportunity for input by the general public. No one spoke during public input.
Motion was made to go out of the regular order of business to Hearing #3. So Voted.
Hearing:
On the joint pole petition of Taunton Municipal Lighting Plant and Verizon New
England, Inc. proposing to place a new joint pole location, 124S on Bay Street in the City
of Taunton. Motion was made to open the hearing and invite the interested parties
into the enclosure. So Voted. The party introduced himself as Don Voner. Mr. Voner
stated that this petition was brought forth by TMLP as they wanted to have a subpole
across the street from an existing pole, for the purpose of supporting the existing pole. He
discussed that some of the measurements are a little off and clarified that the subpole will
be more across from the existing pole. He stated that there will only be one (1) wire going
off of the pole. Councilor Sanders inquired if there is a sidewalk in this area. Mr. Voner
stated that there is not a sidewalk in this area. Motion was made to open public input
for this hearing. So Voted. No one spoke during public input. Motion was made to
close public input and grant the petition. So Voted.
Motion was made to revert to the regular order of business for Hearing #1. So
Voted.
Hearing:
Continued Hearing: To discuss the possible revocation of the Tow Service Contract
between the City of Taunton and Scott Souza, Tony's Auto Wrecking located at 303
Broadway, Taunton under Section 2 of said contract. Motion was made to invite the
interested parties into the enclosure. So Voted. The parties introduced themselves as
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Scott Souza, Owner of Tony's Auto Wrecking, John Taylor, Representative for Mr.
Souza, Megan Simpson, Tony's Auto Wrecking, Detective Joseph Balmain, Taunton
Police Department and Ed Walsh, Chief of Police. Chief Walsh stated that several
months ago the Council asked them to look at the various tow companies for various
issues, including cleaning up after accidents. As a result of this, Sergeant Balmain did a
physical inspection of the companies that the City has under contract and based upon his
findings, there were several deficiencies identified with the tow contract for Tony's Auto
Wrecking. He stated that based upon discussion with his staff and Sergeant Balmain, they
determined that they should consider revocation of the contract based on the nature of the
violations. Sergeant Balmain passed out packets to each members of the Council.
Sergeant Balmain stated that he was called in on September 5th to attend a meeting
regarding cleaning up accident scenes and it was also discussed that he would go out to
do inspections of all of the local tow companies. He stated that most of the companies did
fairly well and there were some with very minor issues that have since been addressed.
He stated that there were issues with Tony's Auto Wrecking that are further discussed in
the packet. He stated that he sent a letter to all of the towing companies on September 6,
2023 that he would be coming to perform the inspections and he did not go out to
perform the inspections until September 26, 2023. Motion was made to make the
packet a part of the record. So Voted. He stated that on September 26, 2023, he
performed the inspection for Tony's Auto Wrecking. He stated that he reviewed the
contract and noted what he felt was important, though he did not go through the entire
contract. He stated that in the contract it states that they are supposed to have a copy of
their insurance paperwork. He stated that Mr. Souza said that he did not have a copy at
the tow site and told Sergeant Balmain that he would get it to him later and to this date he
has not received anything. He stated that the contract indicates that they are supposed to
keep tow logs and release paperwork, which were not available on site at his workshop
and to this date Sergeant Balmain has not seen anything. He stated that the company
signs a certificate of compliance for taxes and the contract states that they will be in good
standing with their taxes, however, there are issues with that, including an excise issue
under Mr. Souza's name. He stated that he performed a tow yard inspection and found
that the back fence was down at that time, however, he was told that the fence has since
been repaired. He stated that he reviewed what Mr. Souza is supposed to have for
vehicles according to the contract. He stated that he does not have a tow truck with a five
ton crane and he only has one flat bed ram truck and he does not have a wheel lift truck.
He stated that he had everything else he was supposed to in terms of equipment, pinch
bars, first aid kits, the flares and the jacks. He stated that all tow companies are supposed
to wear some type of uniform with their name and phone number on it. He stated that Mr.
Souza did show him T-shirts with their name on it and reflective vests. He stated that Mr.
Souza did have the DPU stickers and US DOT numbers on the truck. He stated that at the
time of the inspection, his inspection sticker was expired. He stated that at the time of the
inspection, Mr. Souza owed the City $882 in tow fees and on October 17, 2023, the fees
were paid to the City. He stated that Mr. Souza contacted him about a firearms that he
had and wanted to transfer, however, when Sergeant Balmain ran his name for the
firearm, it showed that at that time, he had a suspended driver's license. He stated that he
hand delivered Mr. Souza a letter stating that as of the date and time listed in the packet,
due to his suspended license, he will be suspended from towing for the City of Taunton
until that issue has been resolved, per the Chief. He stated that according to the Registry,
his license was suspended for a few months, but the matter is now resolved. He stated
that he has a complaint in an email from Lieutenant Joyce on July 7th, regarding
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responding to calls in a timely manner and not having the equipment to tow from
accident scenes. Chief Walsh stated that there is no evidence of a tow log. He stated that
these vendors are a representation of the City when they are towing. He stated that Mr.
Souza had a suspended license and was towing for other people with a suspended license,
which creates a very difficult situation. He stated that if something happened when he
was doing this, as a result of his suspended license or the status of his insurance, the City
would have been liable. He stated that they were not aware of his suspended license and
came across this matter by accident. He stated that Mr. Souza never came forward and
told them that his license had been suspended. Councilor Postell stated that in the packet
that was provided to the Council, there is personal information that was not redacted.
Motion was made to have pages 4, 7 and 15 of the packet redacted and that the
Council disposes of those properly. So Voted. At this time, Megan Simpson passed out
a packet. Mr. Taylor expressed gratitude to the Council and to the Police Department for
handling this situation in a professional manner. He stated that Mr. Souza was unaware
his license was suspended. He stated that Mr. Souza's license was suspended as a result
of a glitch in the court system regarding child support. He stated that his child support is
currently up to date. He stated that all of the issues that were discussed by Mr. Balmain
were fixed within hours to a day. He stated that if the Council reinstates him to the tow
list, Mr. Souza will provide the necessary garage keeper insurance within twenty-four
hours. He stated that they do have full insurance on their vehicles and just need to update
their next policy. He stated that he is a lifelong resident who has never been in trouble
and has been operating for 19 years. He stated that they have full use of the second
wrecker through another towing company. He stated that in reviewing the contract,
unilateral changes are not acceptable. He stated that they have a signed, three year
contract with the equipment they have. He stated that inspection stickers under repair
plates are governed by the Commonwealth of Massachusetts, not by the Chief of Police.
He stated that they cannot make wreckers who use repair plates use inspection stickers,
however, Mr. Souza went above and beyond to get an inspection stickers, which shows
that their vehicles are in compliance. He stated that the Registry of Motor Vehicles has
this discretion. He stated that the law states that repair plates used in tow companies are
exempt from inspection stickers, however, Mr. Souza got an inspection sticker anyway
because this was what was required. He stated that the fence in the tow yard was fixed the
following day. He stated that they will follow the recommendations of Sergeant Balmain
and wear more reflective equipment in the future. Councilor Borges asked Chief Walsh if
tow contract renewals are done through the Procurement Office. Chief Walsh stated that
he is not specifically involved in the process. Attorney Costa stated that he is not sure of
the specific procurement process. Councilor Borges stated that in reviewing these
contracts, there seems to be a lot of missing information and this is something they
should look at in the future. Chief Walsh stated that the original contracts were approved
by the Committee on Police and License and that this is the same contract that was
approved in 2018. Councilor Borges inquired if these businesses are required to have a
business entity registered with the Secretary of State's Office. Chief Walsh stated that he
is not sure if they are required to have their business registered through the Secretary of
State's Office, however, they are required to be an established business in the City of
Taunton. Councilor Borges stated that when reviewing all of the businesses, some were
registered with the Secretary of State, and others did not, some did their annual filing, and
others did not. Councilor Borges stated that she is trying to understand the process as it
seems there is no consistency. Chief Walsh stated that he agrees with Councilor Borges
sentiments, which is why they have been trying to take a look at the businesses in order to
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make sure they are in compliance with their contracts. Councilor Borges asked the City
Solicitor if it is required for a business to be registered with the Secretary of State's
Office. Attorney Costa stated that when the proposal was made, there was a section for
the applicant to fill in if there was an individual owner, partnership, corporation or LLC.
He stated that there are different options for ownership of these types of businesses.
Councilor Borges stated that she has heard about different concerns and inquired if there
was a situation involving Mr. Souza arriving in flip flops. Sergeant Balmain stated that he
received a message from one of his captains that Mr. Souza arrived to a crash scene,
working for Harry's Towing, in black clothing and flip flops. He stated that this incident
occurred after he spoke to Mr. Souza about the uniform matter. He stated that he does not
have insurance paperwork from when he was towing for the City, there are no tow logs
and there is no release paperwork. He stated that he has still not received any of this from
Mr. Souza and ifhe had they might not be here this evening. He stated that Mr. Souza has
been towing for the Police Department for a long time, but his work has gone downhill.
Councilor Borges asked Mr. Souza if he has the paperwork in question. He stated that his
license has been reinstated and fees have been paid. He stated that he does have tow logs,
however, at the time of the inspection, they were not on site and had been brought to his
fiance' s home as they were doing a refurbish of his office. Ms. Simpson stated that they
were given very little notice of the inspection. Ms. Simpson stated that they had invited
Sergeant Balmain into the office to see that they were in the process of renovating it and
that the tow logs had been submitted, but their copies were not on site at this time.
Councilor Borges asked Sergeant Balmain if Mr. Souza has provided all of the necessary
documentation to date. Sergeant Balmain stated that the insurance policy is the most
important to him and is questioning whether Mr. Souza had an active insurance policy
when he was towing for the City of Taunton. He stated that he is towing for the City of
Taunton and must meet the necessary standards. He stated that there have been other
times when he has had a suspended license for the same issue and he was likely towing
for the City but inspections were not conducted. He stated that he contacted the City
Treasurer's Office and asked them who owes money to the City and he said that he would
get in contact with them to bring them to the tow logs. He stated that he has no release
forms from Mr. Souza and at this time does not have everything to put him back out for
the City. Councilor Borges asked Mr. Souza if he had any comments in regards to
operating without an insurance policy. Mr. Souza stated that the garage keeper's liability
policy needed to be renewed in October. He stated that it lapsed because he did not have
the ability to pay the 20% down payment to reinstate it as a result of his suspension. He
stated that once he received the notice for the suspension and termination of his contract,
he did not want to put the money out and find out it was for no reason. Councilor Borges
questioned Sergeant Balmain as to what the process is for notifying a towing company
that they are not in compliance. Sergeant Balmain stated that he performs the inspections
and he sends them a certified letter notifying them of the inspection. Chief Walsh stated
that all of the towing companies were notified of the inspection by certified mail.
Councilor Borges asked Chief Walsh if Mr. Souza signed for his certified letter. Chief
Walsh confirmed that Mr. Souza did sign for his certified letter, which notified him of the
inspection. Mr. Souza stated that the inspection he understood wasn't regarding
paperwork, it was regarding the available equipment for an accident scene. Sergeant
Balmain stated that the letter indicates the inspection will be based on the three year
contract that the companies signed with the City of Taunton. Sergeant Balmain stated that
he is not comfortable with not having an insurance policy that was active. Councilor
Borges questioned Mr. Souza as to whether he had an active insurance policy when he
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was towing. Mr. Souza stated that he had an active insurance policy for the trucks and did
have an active garage keeper's insurance policy when he was towing, but it is no longer
active. Councilor Borges asked Mr. Souza if he has proof that the insurance was active
during that time. Mr. Souza stated that he does not have it at the moment but he can
provide it. Councilor Borges stated that Mr. Souza reached out to her about this situation
and it was based on a hardship he was going through in life. Councilor Dooner inquired if
a repair plate requires an inspection sticker. Mr. Taylor stated that the Police Chief does
not have the authority to mandate repair plates on vehicles that have inspection stickers
and that the authority is the Registry of Motor Vehicles. Councilor Dooner questioned
Mr. Taylor as to whether the truck had an inspection sticker. Mr. Taylor stated that they
got an inspection sticker the following day. Mr. Taylor stated that it was a lapse in
judgement to not have the records on site, however, the City was in possession of the
records. He stated that the vehicles were insured and that the garage keeper's insurance
had lapsed. Councilor Dooner asked Mr. Taylor if all of the vehicles have Massachusetts
inspection stickers, including the vehicles with repair plates. Mr. Taylor confirmed that
all of the vehicles have inspection stickers. Motion was made to make the packet
distributed by Megan Simpson of Tony's Auto Wrecking a part of the record. So
Voted. Councilor Postell stated that Mr. Souza indicated in his letter that the contract that
was signed on September 25, 2020 did not indicate any stipulation of the presence or the
need of a boom truck in his services. He stated that based upon the contract that he is
reviewing, which is a contract that was valid from October 1, 2022 until September 30,
2025, which was signed by Mr. Souza and was signed off by the Mayor, indicates on
page 13 that the contractor must provide the following vehicles: Section A: One (1) truck
with a crane capable of lifting five (5) tons. Councilor Postell stated that the contract
language is clear that they have to have a truck that is capable. He stated that the contract
discusses tow logs. He stated that this a business approach that Mr. Souza has taken to
tow for the City of Taunton and this sets the standards and the bar higher as he is
representing not only his business, but the City of Taunton. He stated that poor service is
a bad representation of the City. He stated that when a vehicle is towed, there should be
tow records, and these records protect the City and Mr. Souza's business. He stated that
when they tow logs are not being completed correctly, this puts Mr. Souza at a great risk
of liability, and these concerns come back to the City. He stated that the contract states
that the contractor must give the owner receipts of all charges paid by the owner and the
contractor must maintain a copy of each such receipt and a copy of the tow logs required
by paragraph 17 of the specifications, such tow logs shall be forwarded to the Police
Department within seven (7) days after each towing rotation ends. Councilor Postell
questioned if the tow logs are being forward to the Police Department seven (7) days
after each of Mr. Souza's tow rotations. Mr. Souza stated that the tow logs have been late
on occasion, however, he brought the tow logs to the City Treasurer's Office and did not
have the copies of the tow logs on him at the time of the inspection. He stated that some
of the copies of the tow logs were misplaced during the transfer from his office to his
fiances home, but he has gotten new copies to make sure they were all available going
forward. Councilor Postell stated that although the City has copies of the tow logs, the
contract indicates that the Police Department needs to have copies of the tow logs within
seven (7) days of the towing rotation. Ms. Simpson stated that she does not understand
that it is being brought up that they don't own a boom truck when the contract that was
signed off on by everyone approves them borrowing one from another company when
they need one. She stated that the contract does not indicate that they need to own a boom
truck, but they do need to have access to one, which has never been an issue. Councilor
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Postell stated that in their letter they state in 2020 they signed a contract and that matter
was not a part of any stipulations prior, however, in the contract language signed in 2022,
it says that they have to provide a boom truck, which does not fit with what they wrote in
their letter regarding the 2020 language of the contract. Councilor Postell stated that he
understands that things happen and nobody is perfect. He stated that Mr. Souza has been
providing a service to the City for many years. He stated that the point of an inspection is
to make sure that a company is meeting standards, even when nobody is watching. He
stated that they are here this evening because there have been circumstances where
standards have not been met and this is putting liability on the City and the tow
companies and they want to make sure everyone is abiding by the contract. He stated that
by sweeping the road in an inappropriate outfit, there is concern for the safety risk for Mr.
Souza and for the City. He discussed that he does not want to see Mr. Souza shut down
and does hope if he is given another chance that heeds the warning. He stated that he is
not sure at this time if he wants to give him a pass. Sergeant Balmain stated that he is
aware that Mr. Souza has the right to get a tow truck from another company as long as it
is within the time frame of fifteen (15) minutes. He stated that this was not a violation, he
was stating that they do not have that vehicle. Sergeant Balmain asked Mr. Souza if the
last tow logs they turned in on October 17, 2023 were from July. He stated that no one
should be pushing Mr. Souza to tum in his tow logs. He stated that Mr. Souza is paid a
certain fee after a car is towed, and that fee is to cover the fee that Mr. Souza must pay
the City, and that money is not getting to the City when it is supposed to. He stated that
the garage liability insurance in their contract expired November 2, 2022 and questioned
whether they have an updated policy to show it expired in 2023. He stated that his
liability insurance expired August 19, 2023 and questioned whether they have an updated
policy. Ms. Simpson stated that they are able to show that the insurance was active during
police calls and it was set to renew in October and they did not renew it because of the
suspension and it did not make sense for them to put the 20% down payment for a policy
that was only required by the police tow contract and not to do regular business. Ms.
Simpson stated that they had the insurance active that they needed to operate, however,
they did not have the one million dollar garage keeper's insurance that is required by the
City to do the police call because they had been suspended. She stated that it was due to
renew after they had been suspended. Chief Wal sh stated that Sergeant Balmain asked
them to provide proof of active insurance in September and they did not provide it.
Sergeant Balmain stated that at this time he still does not have the necessary paperwork.
Chief Walsh stated that Sergeant Balmain sent a letter dated September 19, 2023 asking
for proof of active insurance and he received no response. Councilor Postell asked for
clarification from Mr. Souza regarding what the insurance that he did not renew covers.
Mr. Souza stated that the garage keeper's policy covers the safety and security of
impounded vehicles. Councilor Postell confirmed with Mr. Souza that this policy is
specifically covering the vehicles once they arrive on the premises. Councilor Coute
questioned Sergeant Balmain as to the date of the inspection. Sergeant Balmain stated
that the inspection was conducted on September 26, 2023. Councilor Coute confirmed
with Sergeant Balmain that the main violation that led to Mr. Souza's suspension was not
having an active driver's license and that they have also discovered that he may not have
had an active insurance policy. Councilor Coute asked Chief Walsh to speak to his
experience with the liability to the City on this issue. Chief Walsh stated that one of the
reasons that a company is required to have an active insurance policy is to protect the
City. He stated that if he is towing and in an accident, there is a potential for the liability
to come back to the City. He stated that this has happened in the past and it is not a good
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outcome. Councilor Coute stated that after the issue of the license suspension was
resolved, a letter was issued asking for proof of insurance, tow logs, release paperwork
and a certificate of compliance for taxes and he was given a month to provide the
necessary documents and to date none of this has been provided. Councilor Coute stated
that he would like a recommendation from Chief Walsh and Sergeant Balmain stating
that everything is in order before reinstating the contract. Sergeant Balmain stated that he
has a print out of the proof of his license suspension and confirmed that he did tow during
this time. Councilor Coute questioned the July tow logs that were received in October.
Sergeant Balmain stated that he did not receive them and that they were turned into the
City Treasurer on October 17, 2023. Councilor Coute questioned if they have received
any tow logs from 2023 from Mr. Souza. Sergeant Balmain stated that they have not
received any tow logs from Mr. Souza in 2023 and that every other company was able to
provide their tow logs. Ms. Simpson stated that they were remiss in giving the tow logs to
the Police Department, but they have been filed with the City. Councilor Coute stated that
the contract requires that they go to the Police Department. Councilor Coute questioned
whether Mr. Souza currently has insurance needed to keep vehicles at their garage. Ms.
Simpson stated that they do not have the specific policy that is required by the Police
Department but they do have enough insurance to operate. Councilor Coute asked Mr.
Souza about what protects a civilian customer's vehicle when it is towed to their yard.
Mr. Souza stated that the vehicles in his yard are covered under his home owner's policy.
Mr. Souza stated that this is not relevant to cars that he tows that are not on a police call.
Councilor Coute stated that this is relevant to the operation of his business. Councilor
Coute stated that he would not consider any change in the decision until Sergeant
Balmain and Chief Walsh are satisfied and receive the appropriate documentation. Mr.
Taylor stated that there was a lapse in judgement but they are correcting everything.
Councilor Coute asked Sergeant Balmain if he has release paperwork from 2023 and
insurance paperwork from the time period that he was towing. Sergeant Balmain stated
that he does not and is not comfortable letting him tow. Councilor Duarte stated that he is
disturbed by the license suspension and the insurance issues. Councilor Duarte confirmed
with Sergeant Balmain that there is documentation of Mr. Souza conducting tows during
the suspension of his license. Councilor Duarte stated that he would find it hard to believe
that Mr. Souza did not know his license was suspended and the Registry's website
indicates that the Registry is required to send a suspension notice to the address of record.
He stated that the contract requires four (4) different types of insurance, which include
garage general liability, with a combined single limit of one million dollars for personal
injury and property damage, the garage keeper's liability with a limit of one hundred
thousand, which must be written on a primary insurance basis, automobile liability
insurance that has a combined single limit for personal injury and property damage for
one million dollars, and the worker's comp is not applicable because he is a sole
proprietor. Councilor Duarte questioned Sergeant Balmain as to whether he has
documentation that any of those three policies were in effect during the time Mr. Souza
was towing. Sergeant Balmain stated that he has a copy of the garage keeper's liability,
which expired November 2, 2022. He stated that he has a copy of the automobile liability
insurance, which expired August 19, 2023. He stated that he does not have any copies of
policies that are up to date. Councilor Duarte stated that he would not entertain this any
further until documentation is provided showing that the insurance policies were active at
the time towing was being conducted. He stated that even then, the suitability
requirements for anyone conducting business for the City of Taunton is a high threshold
to meet and even if these things can be corrected, this is a liability nightmare for the City
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and he is not sure that anyone who has created a situation like this can fix their suitability.
Councilor Pottier stated that he appreciates Sergeant Balmain's frustration in collecting
the necessary paperwork. He stated that he would want to make sure they have the
insurance from this point and comply going forward. He stated that the Council has often
given people the benefit of the doubt in order to get into compliance. He stated that it is
good that Mr. Souza brought his attorney with him to represent him and show that he will
be in compliance going forward. He stated that Sergeant Balmain doesn't want to shut
him down but is frustrated that he has not been able to get the necessary information. He
stated that he hopes going forward that he will make the commitment to satisfy Sergeant
Balmain and make sure they are in compliance. Mr. Taylor stated that they agree with
Councilor Pottier 100% and it should never have gotten to this point and that there were
circumstances behind the scene that took place. He discussed Mr. Souza's personal
situation with DOR and that his child moved from Massachusetts to Rhode Island which
caused an issue and as a result he was never notified of his license suspension. He stated
that there was no documentation of his license being suspended prior to this with the
Police Department. Chief Walsh provided Mr. Taylor with the documentation. Mr.
Taylor stated that if this was the case, he should have been suspended then until he was in
full compliance. Chief Walsh stated that he did not want to have a debate about his
driving history, however, he had a valid driver's license when he signed his contract. Mr.
Taylor stated that they should make this a learning experience and require that the towing
companies show proof of license quarterly. Councilor Pottier stated that he appreciates
the recommendation and he is sure that would be a stipulation in this situation to make
sure Mr. Souza remains in compliance. Mr. Taylor stated that Mr. Souza should be on
probation for no less than six (6) months and is asking for the leniency of the Council as
Mr. Souza has never been in trouble. Mr. Taylor spoke about the incident of Mr. Souza
cleaning the accident scene in black clothing and stated that Mr. Souza was in a rush and
didn't have his vest with him, but it should not have happened. Councilor Pottier stated
that tow truck drivers have one of the most deadly professions in the country and it is for
his own safety to wear reflective gear. Mr. Souza stated that he does have the reflective
vest available, however, he did not wear it as he was working for Harry and he was called
to the scene. Councilor Pottier stated that the Council does not want to shut anyone down
but they want to make sure that Mr. Souza stays in compliance, as there is liability to the
City if he doesn't. Councilor Quintal asked Mr. Souza how many years he has been
providing service to the City. Mr. Souza stated that his father started the business in 1972
and he has been working for the business since he was sixteen. Councilor Quintal stated
that no one sitting here hasn't done something that they wish they didn't. Councilor
Quintal asked Sergeant Balmain if they are in compliance with him by the end of the
year, in lieu of the additional insurance they will need to tow for the City, would he be
comfortable recommending that he continue his service. Sergeant Balmain stated that this
is above his paygrade and he would see how it goes and leave it up to the Chief to make
that decision. Councilor Quintal stated that he would be more comfortable if he did prove
he has the documentation and the proof of funds to get the insurance. Ms. Simpson stated
that in order to have the funds to get the insurance, they need to continue working.
Councilor Quintal stated that he recommends that they come back by the end of the year
with the documentation they need and if they can show they are in compliance, he is
more likely to support them. Councilor Borges asked if all of the information that was
asked for is in the packet that was given to the Council. Sergeant Balmain stated that the
packet does not include the tow logs and they were not able to provide the tow logs
during the inspection. Councilor Borges stated that it seems that there is a disconnect and
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that this situation could be rectified by 4:30pm tomorrow if they provide the tow logs and
call the insurance company at 8:00am tomorrow and request a copy of their insurance
policy that shows that it was active during the time they were towing. Councilor Borges
stated that the first step should have been to prove that they have the documents to
Sergeant Balmain and Chief Walsh and then prove it to the Council. She stated that they
have been in business for 49 years and does not want to put anyone out of business and
that the Council has given many chances to other businesses. Councilor Borges stated
that Mr. Souza should have until 4:30pm tomorrow with the stipulation that every single
document required is in the Police Department with proof that they were insured at the
time they said they were and to continue the hearing until December 5, 2023 to vote on
the matter. Chief Walsh inquired how much the general liability insurance costs. Mr.
Souza stated that it is about $9,000. Chief Walsh stated that he saw about $1,000 to
$2,000. Mr. Souza stated that it is $1,000 per month. Councilor Postell stated that the
contract specifically outlines that the Chief of Police shall designate one or more persons
to employ the City as the contact for the contractor. He stated that giving the documents
to the Treasurer has no bearing. He stated that these are legal documents and that when a
vehicle is towed the Taunton Police Department needs to know the whereabouts of the
vehicle. He stated that the Police Department also wants to know that the person picking
up the vehicle is licensed. He stated that the language in the contract is clear as to what
needs to be done. He stated that if this is not what is being done, then the contract is null
and void. Mr. Souza stated that he was handing in the tow logs and making the payments
in the City Treasurers Office and was confused about where they needed to go. Sergeant
Balmain stated that the issue is that Mr. Souza needs to keep his own tow logs on site. He
stated that Mr. Souza has not provided tow logs and release forms. Mr. Souza apologized
to Sergeant Balmain and stated that going forward the documents will be at his disposal.
Councilor Coute stated that they are not here because of not wearing a vest or missing
tow logs, these are not the reasons that the Chief suspended his right to operate for the
City of Taunton, they are here because his right to tow was suspended due to Mr. Souza's
suspended Massachusetts driver's license and likely expired insurance based on his
assumption, however, he did not realize that Chief Walsh had documentation to show that
Mr. Souza's license had been suspended on other occasions during this contract. Chief
Walsh stated that he is not in a position to ascertain when his license was suspended and
they would need to get a formal answer from the Registry and for all he knows his license
could have been suspended when the contract was signed. Motion was made that the
Council be provided information from the Registry regarding the dates of Mr.
Souza's license suspension prior the next hearing. So Voted. Chief Walsh stated that
he was trying to avoid this because it puts the City in a situation where criminal conduct
was involved. Councilor Coute stated that they need that information if it has been
suspended for most of the contract as it is relevant to this hearing. He stated that this
hearing is not because of missing vests nor missing tow logs, it is because of suspensions
and potential lack of insurance. Mr. Taylor stated that when Chief Walsh and Sergeant
Balmain brought this to Mr. Souza's attention, Mr. Souza was unaware his license was
suspended. Councilor Coute stated that it is possible that it was suspended multiple times
and that the Chief stated that he thinks it may have been suspended when he signed the
contract. Councilor Coute stated that they need this information from the Registry and
they need the proof of active insurance during the time he was towing for the City before
the next hearing as this is a liability for the City. Councilor Sanders asked Chief Walsh if
Councilor Coute's assertion is correct regarding the main issues of Mr. Souza's
suspended driver's license and the proof of insurance and that the other incidentals are
10
minor issues that could be resolved. Chief Walsh stated that Councilor Coute is probably
correct. Councilor Sanders stated that he shares Councilor Coute's concerns and he
agrees if this only involved tow logs and falling behind on payments to the City, this
would be easy to come back from, however, he would be concerned to learn that Mr.
Souza may have operated his tow vehicle on behalf of the City without a valid driver's
license and without a valid insurance policy. He stated that he would like to be able to let
him go and conduct his business of 49 years and this level of scrutiny on tow contracts is
new so everyone is not used to having to show up and present the proper documentation.
He stated that he does feel that this is a good thing in order to make sure people are
minding their contract. He stated that Mr. Souza signed his contract and agreed to do all
of these things whether or not someone comes to check. He stated that they are not
expecting 100% all of the time as they understand things happen. Councilor Sanders
stated that he will have a hard time approving his continued work for the City if they
learn at whatever future date that he was operating without a valid driver's license and
without appropriate insurance as this puts the City at great risk. He stated that he does not
know if he could find a way to forgive this. Councilor Sanders questioned Sergeant
Balmain about the dialogue regarding Mr. Souza not knowing his license was suspended
and asked whether the Registry is good with notifying people regarding their suspended
driver's licenses. Sergeant Balmain stated that to his knowledge, the Registry is usually
good for the most part about sending notifications and it could have been that he didn't
get a notification but he is not sure. Mr. Taylor stated that Mr. Souza did not receive a
notice regarding his suspended driver's license and was notified by the Police
Department and the following day Mr. Souza took care of the issue. Councilor Sanders
stated that he wants to learn more about the driver's license issue as he feels it is key in
this situation and if he finds out it is true then he will have a hard time voting in favor of
Mr. Souza continuing to work for the City. He stated that they can have two (2)
strategies, one of which could be not doing a lot as they do not want to spend the money
at the risk they will not be reinstated, or going out there and doing everything to be in
compliance. He stated that he recognizes that there are financial issues, however, they
will not be able to continue working until they get all of the documentation required in
the contract. Ms. Simpson stated that they will be more comfortable spending the money
if they knew they were back in the rotation. Mr. Taylor stated that they have 90% of the
necessary documentation gathered and just need to obtain the garage keeper's insurance,
which they can have by 4:30pm tomorrow. Councilor Sanders stated that he wants them
to be able to prove that their vehicles were insured and registered at least up until the time
of their last tow job and to better understand what happened with Mr. Souza's driver's
license. Councilor Sanders inquired how long it will take Mr. Souza to get the necessary
documentation. Ms. Simpson stated that they can show proof of their insurance from the
time of the contract until their last tow tomorrow. Ms. Simpson stated that Mr. Souza was
told that his license had been suspended since the prior May, however, he was not aware
and it was corrected the following day. Sergeant Balmain stated that he can make a
request to the Registry for a certified record of his driver's license record, however, he is
not sure how long it will take for them to receive this. Sergeant Balmain stated that Mr.
Souza' s rotation starts on Monday and is concerned about the schedule for the other
towing companies as it is not fair to them. Councilor Sanders stated that they will not
have a decision before next Tuesday. Mr. Souza asked if the Council is able to make a
decision on Tuesday, ifhe can resume his normal schedule on Wednesday, therefore only
losing a day in his rotation. Councilor Sanders stated that he does not have authority on
the towing schedule. Sergeant Balmain stated that it is not fair to have another company
11
tow for only a day or two. Motion was made to continue the hearing for one (1) week
and at that time the Council hopes to see the additional information they have
requested. So Voted. On discussion, Councilor Borges asked Sergeant Balmain what
would happen if a tow companies truck breaks down and they were unable to tow.
Sergeant Balmain stated that the next company in the rotation would take over. Councilor
Borges asked if that has ever happened before. Sergeant Balmain stated that is has not
happened before. Councilor Borges asked if Mr. Souza could have Harry's Towing tow
for him on Monday and Tuesday and depending on what his results are carry on from
there. Chief Walsh stated that they don't know what will happen on Tuesday and that will
result in muddy waters. Councilor Borges stated that she is concerned that he will lose
pay and he is already struggling financially. Chief Walsh stated that he is not banned
from towing, he is just banned from towing for Taunton. Sergeant Balmain stated that
they should not be setting that precedence. He stated that if he is suspended, he should
not be making money from the City. Councilor Coute stated that in order to get his vote,
they will need to provide an understanding of the license status and a positive
recommendation from Chief Walsh and Sergeant Balmain.
Motion was made to recess at 9:01pm. So Voted. The meeting resumed at 9:05pm.
Motion was made to go out of the regular order of business to Appointments. So
Voted.
Appointments:
Appointment of Danielle Edmands to serve as the Executive Director of the Board of
Health for a term of three (3) years expiring December 2026. Motion was made to
receive and place on file. So Voted.
Motion was made to revert to the regular order of business to Hearing #2. So Voted.
Hearing:
Continued Hearing: On the petition submitted by Maureen Pert, 15 Rockland Street,
Taunton, MA 02780 for the issuance of a personal Kennel License per City Ordinance
Section 3-24 to allow a Grade 1 (4-6 Dogs) Kennel License for personal use/dogs, NOT
BUSINESS USE, at 15 Rockland Street, Taunton. Motion was made to invite the
interested parties into the enclosure. So Voted. The parties introduced themselves as
Maureen and Ed Pert of 15 Rockland Street, Taunton. Councilor Dooner confirmed with
Councilor Sanders and Councilor Coute that they had no questions for the petitioners.
Councilor Borges stated that there was a motion to reconsider last week as there were
several letters in opposition of this kennel license. She stated that since the last hearing,
several neighbors have reached out to her, which prompted her to ask the Police
Department to run the police log on this property and after receiving that record, it
confirmed more of the reasons why she doesn't feel this kennel license should be granted
this evening. Mr. Pert stated that the police log involves his granddaughter who has
psychiatric issues and she is now locked up. He stated that he has a great relationship
with his neighbors. Councilor Borges stated that the information she had was public
information and she was not privy to the information Mr. Pert shared. She stated that
there have never been that many neighbors expressing opposition to a kennel license. She
stated that she is an animal lover but in her opinion this is not the right thing to do. Ms.
12
Pert stated that the police have never been called for the dogs. Mr. Pert stated that there
are other dogs in the neighborhood who bark often and there are two (2) Pitbulls that
make him concerned for his granddaughter's safety. Ms. Pert sated that her yard is
completely fenced in and that her dogs are very small. She stated that there are quite a
few dogs in the neighborhood who are disruptive. She stated that they do not bark
excessively and they are not outside excessively. Councilor Borges stated that she
empathizes with what is going on in the petitioners life personally, however, she cannot
support the issuance of this kennel license. Councilor Coute asked the petitioners to go
over their case. Ms. Pert stated that they have five (5) dogs, three (3) of which are
Chihuahua mixes, one (1) French bulldog and one (1) Cockapoo. She stated that one of
the dogs is twelve years old, one is nine years old, one is five years old and two are four
years old. She stated that they go outside and play, but they do not excessively bark. She
stated that she was prompted by the City Clerk to get a kennel license after the dog's
received their rabies vaccinations. Councilor Coute stated that the Animal Control Officer
provided a positive recommendation. He inquired where the concerns from the neighbors
stem from. Ms. Pert stated that their granddaughter had caused issues with some of the
neighbors, however, she no longer lives with them. Councilor Coute asked the City
Solicitor what the requirement is if the kennel license is denied. Attorney Costa stated
that they would have to remove two (2) of the dogs from the household to be in
compliance. Councilor Duarte stated that it is interesting that they received opposition
letters for the kennel license, however, there have never been complaints to the Animal
Control Officer. He stated that there is very limited information in the police log and
none of it has to do with their dogs therefore it is irrelevant to this hearing. Councilor
Postell stated that he agrees with Councilor Duarte and he will be supporting this kennel
license. Councilor Pottier stated that per the City Ordinance for a Grade I kennel license,
the premises contains 0.5 acres or more and the dogs must be kept 100 feet from the
nearest dwelling. He stated that since they are unable to meet these requirements, he will
be voting to deny the petition. Councilor Dooner stated that the Council does have the
ability to wave the 0.5 acre requirement if they chose to do so. Attorney Costa stated that
the requirement may be waived or reduced by a 2/3 vote of the Municipal Council upon
finding that the waiver or reduction will not be detrimental to the public health, safety or
welfare. Councilor Sanders inquired how long they have had the dogs. Ms. Pert stated
that they have had the dogs since they were puppies and have been living at this residence
for the last five (5) years. Councilor Quintal stated that they almost lost him as he
personally has a Pitbull and she has a great temperament. Motion was made to waive
the requirement that the dogs be kept on a premises containing 0.5 acres or more
and waive the requirement that the dogs be housed, sheltered or kept a minimum of
100 feet from the nearest residential dwelling based on a finding that said waivers
will not be detrimental to the public health, safety and welfare and to approve the
license. On a roll call vote, nine (9) Councilors were present, seven (7) Councilors
voted in favor (Postell, Quintal, Sanders, Coute, McCaul, Duarte and Dooner), two
(2) were opposed (Pottier and Borges). The motion passes. Motion was made to close
the hearing. So Voted.
On the petition of Edmund J. Brennan, Jr., Esq., Brennan, Recupero, Cascione, Scungio,
McAllister LLP, 174 Dean Street, Unit B, Taunton, MA 02780 on behalf of his client 12
Porter Street Development, LLC, c/o Edmund J. Brennan, Jr. Esq., 174 Dean Street, Unit
B, Taunton, MA 02780 for the issuance of a Special Permit to allow a 28 unit multi-
family development at 10-18 Porter Street, Taunton, located in the Urban Residential
13
District. Motion was made to open the hearing. So Voted. The City Clerk read a
communication from Mr. Brennan requesting a continuance of this hearing to December
5, 2023 in order to address concerns raised by various Council members at the pre-
hearing on November 14, 2023. Motion was made to continue the hearing until
December 5, 2023. So Voted.
Communications from the Mayor:
Council President Dooner stated that the events are listed in the agenda, however, she
would like to note that Saturday, December 2, 2023 is the 11 oth Lights on Festival from
3:00pm until 8:00pm at the Taunton Green and the opening ceremony starts at 4:30pm.
The Christmas Parade will take place on December 3, 2023 at 12:00pm. The route will
begin on Broadway and end at City Hall. During the route, nonperishable food items will
be collected in order to support local food pantries.
Communications from City Officers:
Com. from the Chief Financial Officer stating that the City will be taking ownership of
the Coyle Cassidy Building on December 1, 2023. The City will be acquiring the lease
proceeds from Bristol Community College. To meet the present and future needs of the
newly acquired building, the Finance Department is requesting the establishment of a
revolving fund under MGL Ch. 40 Sec. 3. The revolving fund will allow the City to pay
for salaries of employees, repair and maintenance of the Coyle Building, and other
expenses. Motion was made to refer to the Committee on Finance and Salaries. So
Voted.
Com. from the Chief Financial Officer stating that the Finance Department is requesting
an executive session with the Committee on Public Property for discussion on potential
property acquisition and or potential litigation related to the same. Motion was made to
move approval. So Voted.
Com. from the Treasurer/Collector stating that the Finance Department would like to
present to the Municipal Council a request for bonding for TMLP in the amount of
$12,000,000. Motion was made to refer to the Committee on Finance and Salaries.
So Voted.
Communications from Citizens:
NONE.
Petitions:
Class II License RENEWALS:
1. Advantage Automotive located at 600 Winthrop Street, Taunton
2. After Hours Auto Body, Inc. -dba- After Hours Auto Sales located at 20 North
Avenue, Taunton
3. Amorim Auto Sales, Inc. located at 265 Longmeadow Road, Taunton
4. Borges Auto Center, Inc. located at 157 Dean Street, Taunton
5. Bristol Motors located at 147 Fremont Street, Taunton
6. Cambra Auto Sales located at 117 Summer Street, Taunton
7. County Street Motors located at 603 County Street, Taunton
8. Cruisin Classics located at 597 Winthrop Street, Taunton
14
9. Dipson Convenience & Repair, Inc. -dba- Dipson & Sons Auto Sales located at
594 Winthrop Street, Taunton
10. Fault Line Kustoms, LLC located at 32 Robert West Boyden Road, Taunton
11. Fogg Auto Sales Inc. located at 346 Winthrop Street, Taunton
12. Frank's Auto Body, Inc. located at 265 Broadway, Taunton
13. GFK Enterprise LLC -dba- Oakland Auto Sales located at 214 Tremont Street
14. Gesner Auto, Inc. located at 445 Winthrop Street, Taunton
15. Hermes Auto Sales, Inc. located at 420 Broadway, Taunton
16. Leo's Auto Sales & Service located at 350 YzR Winthrop Street, Taunton
17. Leonard's Auto Repair & Performance, Inc. located at 265 Bay Street, Taunton
18. Loftus Auto City, Inc. located at 450 Winthrop Street, Taunton
19. New England Auto located at 157 West Water Street, Taunton
20. Northeast Auto Exchange Inc. located at 406 Tremont Street, Taunton
21. Perry's Towing & Service, Inc. located at 143 Broadway, Taunton
22. Prestige Auto Mart Inc. -dba- Prestige 3 located at 288 Broadway, Taunton
23. Professional Car Zone, LLC located at 381 Weir Street, Taunton
24. RPM'SS LLC located at 404 Winthrop Street, Taunton
25. Scott's Service Center, Inc. located at 129-131 Ingell Street, Taunton
26. TRMN8R Enterprises, LLC located at 408 Tremont Street, Taunton
27. Walt's Auto Specialty, Inc. -dba- Walt's Motors located at 287-289 Broadway,
Taunton
Motion was made to refer #1 through #27 to the Committee on Police and
License and the Police Chief. So Voted.
Class III License RENEWALS:
28. Arthur's Auto Junkyard located at 147 Fremont Street, Taunton
29. Carmelo's Auto Body, Inc. located at 2 Porter Street, Taunton
30. Harry's Auto Wrecking located at 68 Whitsborough Street, Taunton
31. Reynold's Auto Wrecking, Inc. located at 733 South Precinct Street, East Taunton
Motion was made to refer #28 through #31 to the Committee on Police and
License and the Police Chief. So Voted.
Committee Reports:
Motion was made for Committee Reports to be read by title and approved. So
Voted. Recommendations adopted to reflect the votes as recorded in Committee
Reports. So Voted.
Unfinished Business:
Councilor Postell motioned to refer to the City Clerk to request that Civil Service
increase the number of positions for police officers from seven (7) to eight (8) from
the current requisition, which is 09301. So Voted.
Orders, Ordinances and Resolutions:
Ordinance (or a second reading to be passed to a third reading
AN ORDINANCE
Chapter 405
15
Sec. 405-64-Tow-away zone regulations.
Be it ordained by the Municipal Council of the City of Taunton as follows:
That Chapter 405, Section 405-64(E) of the Revised Ordinances of the City of Taunton,
as amended, is hereby further amended by adding the following:
Name of Street Side Location
Bay Street West From Lakeview Avenue to the Norton Town Line.
Bay Street East From the Norton Town Line to Perra's Lane.
All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance
shall become effective immediately upon passage.
Motion was made to pass to a third reading. So Voted.
Ordinance (or a second reading to be passed to a third reading
AN ORDINANCE
Chapter 202 - Boating
Be it ordained by the Municipal Council of the City ofTaunton as follows:
That Chapter 202, of the Revised Ordinances of the City of Taunton, as amended, is
hereby further amended by striking the words "powerboat" and "powerboats" and
replacing said words with "watercraft" throughout said Chapter.
That Chapter 202, Section 202-1 of the Revised Ordinances of the City of Taunton, as
amended, is hereby further amended by striking said section and replacing the same with
the following:
§ 202-1. Definitions.
As used in this article, the following terms shall have the meanings indicated:
WATERCRAFT
Any boat or personal watercraft powered by an electric or internal combustion
engine permanently or temporarily affixed to such boat.
That Chapter 202, Section 202-4 of the Revised Ordinances of the City of Taunton, as
amended, is hereby further amended by adding the following new paragraph:
D. No person, except a public safety official in the performance of their duties,
shall operate a watercraft on a lake within the City in excess of twenty-five
(25) miles per hour.
All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance
shall become effective immediately upon passage.
16
Motion was made to pass to a third reading. So Voted.
New Business:
Councilor Borges requested to refer the letter from the Water Department that was sent
with the recent water bills notifying residents of water testing to the Department of Public
Works Committee for discussion and invite the Water Superintendent. Motion was made
to move approval. So Voted.
Councilor Pottier motioned to refer the issue of parking on Charles Street to the
Safety Officer. So Voted.
List o(Documents and Other Exhibits:
• Agenda
• Mayor's List of Upcoming Community Events - November 28, 2023
• Hearing on Tony's Auto Wrecking-Packet distributed by Sergeant Balmain
• Hearing on Tony's Auto Wrecking-Packet distributed by Tony's Auto Wrecking
Meeting adjourned at 9:34 P.M.
A true copy:
<tf ~
Attest:
Ci Clerk
JLL/MAF
17
City of Taunton RECEIVED
CITY C:LEf~K'S OFFICE
Municipal Council
November 28, 2023
2023 DEC ·· 4 A q~ 4 3
The Committee on Finance and Salaries T1\UHTlJN, MA
The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, M* iJ.2780-W ii.fe CLERK
Chester R. Martin Municipal Council Chambers.
Members Present: Councilor Phillip Duarte, Chairman
Councilor David Pottier
Members Absent: Councilor John McCaul
Also Present: Amy Kazlauskas, Human Resources Director
The meeting was called to order at 5:34 PM.
1. Approve the minutes from November 21, 2023.
Motion by Mr. Pottier and seconded by Mr. Duarte to approve. So voted.
2. Meet to review the weekly vouchers and payroll for City departments.
Motion by Mr. Pottier and seconded by Mr. Duarte to approve the payroll warrant in the
amount of $4, 298, 028. 75. So voted.
Motion by Mr. Pottier and seconded by Mr. Duarte to approve the accounts payable warrant
in the amount o/$927,140.33. So voted.
3. Meet to discuss the request of the Police Department to pay a prior year bill and transfer
$59.81from01-210-5200-5211 (Energy-Electricity) to 01-210-5520-5999 (Prior Year).
Motion by Mr. Pottier and seconded by Mr. Duarte to approve. So voted.
4. Meet with the Human Resources Director for the continued discussion on the proposal that
the Clerk of Committees become a certified parliamentarian.
Motion by Mr. Pottier and seconded by Mr. Duarte to invite in the interested parties. So
voted.
18
Mr. Duarte read a letter from the working group of Maggie Clarke, Phillip Duarte, and Arny
Kazlauskas which explained the discussions that took place and the recommendation of the
group. The group suggested that annual training be scheduled for the Council and other
elected and appointed boards and committees.
Motion by Mr. Pottier and seconded by Mr. Duarte to make the letter part of the record So
voted
Motion by Mr. Pottier and seconded by Mr. Duarte to authorize the Clerk of Committees to
contract for training in January. So voted.
Motion by Mr. Pottier and seconded by Mr. Duarte to adjourn at 5:42 P.M So voted.
List o(Documents and Other Exhibits Used:
The Committee on Finance and Salaries Meeting Minutes from 11/21/23
Payroll Warrant #85
Bill Invoice Warrant #84
List of items over $100,000
Letter from Beth Andreassi dated 11/15/23
Letter from Maggie Clarke, Phillip Duarte, and Arny Kazlauskas dated 11127/23
CITY OF TAUNTON
Respectfully submitted,
NOV 2 8 2023
1~~e.~
IN MUNICIPAL COUNCIL
Maggie E. Clarke
Clerk of Council Committees
REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED.
Committee on Finance and Salaries
November 28, 2023
Page2oj2
19
RECEIVED
CITY 1:LfRK'S OFFICE
City of Taunton
Municipal Council
November 28, 2023 1013 OEC ·· ll A q, 4 S
TAUNTOH. MA
The Committee on Public Health and Environmental Affairs
~-·+·~-·~~··-
CITY CLE.HK
The meeting was held at Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the
Chester R. Martin Municipal Council Chambers.
Members Present: Councilor Phillip Duarte, Chairman
Councilor Barry Sanders
Councilor David Pottier
Also Present: Michele Restino, Conservation Commission
Eric Johnson, Edge Environmental
Aaron Amaro, Amaro' s
Andy Amaro, Amaro' s
Captain Robert Bastis, Fire Inspector
Steven Lavigne, Fire Chief
Ed John DeSouza, North County Group
The meeting was called to order at 5:44 PM.
1. Approve minutes from March 7, 2023.
Motion by Mr. Sanders and seconded by Mr. Pottier to approve. So voted.
2. Meet for a discussion on recent gasoline lealcs at area gas stations.
Motion by Mr. Sanders and seconded by Mr. Pottier to invite in the interested parties. So
I
voted.
Mr. Duarte gave some background and noted that the discussion is mostly about the leak that
occurred at Amaro' s. Eric Johnson of Edge Environmental gave a summary of the situation.
He indicated that he has been working there since August and they have taken a number of
actions to ensure safety. The area is fenced and power has been cut to three buildings: the
store, the rectory, and the church. Area buildings are screened for voes (volatile organic
compounds) and for lower explosion limits as are catch basins, storm drains, and some access
points to the sewer and that is ongoing for safety. The assessment has been rather detailed as
he looked at past reports to see if there will be preferential pathways. He analyzed previous
excavations or where pipes were buried in the past because in these situations the soil isn't as
compacted as native material and can be where gasoline may travel more quicldy. The tanks
and lines were tested and were found to be tight. They have been monitoring for lower
20
explosive limits and for voes and there are some locations that have voes. 76,000 gallons
of liquids (gas and water) as well as 119 tons of soil have been removed to date. Gasoline
thicknesses on the ground are diminishing. Ground water flow has been analyzed the
gradient determined. The gasoline sits on top of the water and follows that gradient and it is
migrating to the NNE. In terms of regulatory requirements, they are working with Mass
DEP, the Fire Department, Health Department, Conservation Commission and EPA. Mr.
Johnson reported that they are operating two fans off Old Colony Avenue to remove vapors
from the sewer and storm drains and they are working well. The underground storage tank
system will be opened up for inspection. They are starting to open the ground to install
piping for a remediation system to recover the gasoline vapors and water. To help control
the odor, they will cover excavations that don't need to be exposed, cover the soil pile, and
spray a chemical on areas that smell bad. Mr. Johnson further stated that they will be
shipping out soil on a regular basis and the tank top will be replaced. The site will remain
fenced for the time being and air monitoring will continue as will other site work.
Mr. DeSouza spoke about the replacement of the tank top and reported that they will be
changing out the sumps and installing all new piping. The tanks have been tested for
tightness and the old flux piping that ran from the old tank top to the sumps was also tested
and passed. They didn't like the way a few of the sumps looked so they made note. The
Northcounty Group is finalizing the report that will be going to the DEP, EPA, and everyone
at the table. Once issued, an NOR (Notice of Responsibility) should be issued by DEP. Mr.
DeSouza stated that currently everything appears to be going fine and it looks like Mr.
Johnson has a handle on it. Mr. DeSouza indicated that completing the tank tops and
installing the remediation lines will help alleviate the smell in the area and they will be
starting to work on the tank top next week.
Captain Bastis indicated that as much as this was a catastrophe, everything he has asked for
has been done and he receives regular reports. An estimated 31,000 gallons were leaked into
the ground. Currently they are dealing with gasoline vapors and are using fans to disperse
the vapors. He stated that Amara's will not be able to open until the new tank top is installed
and piping and electrical conduit back to the gas station is replaced. He questioned the
quality of work from when originally done. There were issues with monitors or alarms. He
indicated that it looks like there was some shoddy work done on the piping to the dispensers
when the gas station was first installed. The fire department holds the permit to store
gasoline and it won't be issued until they are 100% satisfied. Mr. Bastis indicated that
remediation could be going on for years and they will still be monitoring wells even after
they open.
Ms. Restino reported that everyone reacted very quickly and indicated that DEP takes the
lead as does as the Fire Department. In this case, they reacted quickly enough and protected
what they could and prevented any further migration into wetlands. Areas near the river have
been inspected continuously and no gasoline has been found within the Taunton River.
Mr. Sanders questioned the cause and whether it was the tanks or the piping. Captain Bastis
indicated that the tanks have been proven to be good. Mr. Sanders asked when the work was
originally done and ifthe standards have changed. Mr. DeSouza indicated that it was around
Committee on Public Health &
Environmental Affairs
November 28, 2023
Page2oj4
21
2001/2002 and that standards have changed. He explained the current process for installing a
new tank. Mr. Sanders asked Captain Bastis who is to blame and Captain Bastis indicated
that they are not yet sure and wouldn't want to state that tonight. This will be part of DEP' s
process. DEP is responsible for underground tanks and handles all installs and the Fire
Department issues a permit to store gasoline. Mr. Sanders asked ifthere is something to be
learned and Captain Bastis stated that he believes the Fire Department should be more
involved with the installation of tanks and the City might consider a 3rd expert party which is
what some communities do. Everything was installed to code at the time and it lasted for 22
years. He commented on how the ground water is very high at that location and having steel
pipes sitting in the water over a long period could be a factor.
Mr. Pottier asked when the Amaros took over. Mr. Andy Amaro reported that they built it in
2001 and his dad was the primary point person at that time. Mr. Pottier asked for the size of
the tanks and Mr. DeSouza indicated that there are two 12,000 gallon tanks. Mr. Pottier
asked how long the leak lasted and Mr. Amaro stated that they believe it took place over 30
days.
Mr. Duarte asked ifthere were alarms and Captain Bastis indicated that they are still
investigating but that there were some alarms or red flags early on. Mr. Duarte asked for the
anticipated timeline for the report and Mr. DeSouza stated that they are aiming to have the
report to the DEP published by the 14th and then it will likely take DEP about a month and a
half to review. Mr. Duarte asked how abutters were notified and what the process is. Mr.
Johnson stated that they are required by law to notify impacted property owners and in this
case that just happened to be the Amara's. However, the fact sheet from DEP was
distributed to the neighbors. Mr. Duarte asked to confirm that nothing leaked into the river
and Ms. Restino confirmed.
Ms. Borges asked how quickly the abutters were notified that this was happening. Mr.
Johnson stated that he has been screening inside the neighbors' homes. Ms. Borges asked
Captain Bastis if the Council should be sending a letter to anyone regarding oversight on
these projects. Captain Bastis suggested the DEP and/or the State Office of the Fire Marshal.
He explained that there are committees that revise the regulations and the code, 527 CMR.
Ms. Borges asked how long the cleanup will take and Mr. Johnson indicated that it will be
years. She asked how long it took for the gasoline to leak out and Mr. Bastis stated that the
estimate is a 30 day period. She asked how they knew this was happening and Mr. Bastis
stated that there had been reports of the smell of gasoline but it really was noticed during an
inventory check.
Mr. McCaul asked if there is an evacuation plan put in place and how people were notified.
Mr. Johnson indicated that there _is a health and safety plan that is used and there is an
evacuation portion. The affected area is fenced. He indicated that the gasoline isn't exposed
but, rather, is underground. Mr. McCaul asked about the generators on the side of the
building and Mr. Johnson explained that they are running fans to extract low level vapors
from the sewer and storm drain system. Mr. McCaul asked ifthe aquifer had been impacted
and Mr. Johnson indicated that based on soil borings he does not believe there is an aquifer
problem. Mr. McCaul asked about notification and communication to neighbors and Chief
Committee on Public Health &
Environmental Affairs
November 28, 2023
Page3of4
22
Lavigne stated that they did everything they could to notify people and that people in the "hot
zone" were notified. Mr. McCaul asked about notices and Mr. Johnson reported that DEP
went door to door. He asked how many gallons were lost and Mr. Johnson stated that it was
estimated to be 31,000 gallons. Mr. McCaul asked how long the business would be closed
down and Captain Bastis stated that they are still remediating and cleaning up but they are
looking to get them up and running as soon as possible. However, the cleanup will continue
for some time.
Mr. Sanders advised Mr. McCaul to review the video recording and/or minutes from the
earlier portion of the meeting as most of his questions have been covered.
Ms. Borges asked about how many tanks there are and Mr. DeSouza indicated that there are
2 tanks but one has a wall on the inside which splits between regular and diesel and each has
capacity of 12,000 gallons.
Motion by Mr. Sanders and seconded by Mr. Pottier to include the DEP fact sheet as part of
the record So voted.
Motion by Mr. Sanders and seconded by Mr. Pottier to include the communication from
Edge Environmental as well as the DEP fact sheet as part of the record So voted.
Motion by Mr. Sanders and seconded by Mr. Pottier to refer the matter to the Committee on
Ordinances and Enrolled Bills to review and amend ordinances regarding fuel tanks. So
voted.
Motion by Mr. Sanders and seconded by Mr. Pottier to schedule this matter for review after
December 14, once the report from Northcounty Group is ready. So voted.
Motion by Mr. Pottier and seconded by Mr. Sanders to excuse the parties with thanks and
adjourn at 6:45 P.M So voted.
List o(Documents and Other Exhibits Used:
The Committee on Public Health and Environmental Affairs Meeting Minutes from 3/7/23
Letter from Edge Environmental dated 11/28/23
DEP Fact Sheet regarding Amara's Gas Station Gasoline Release Incident
CITY OF TAUNTON Respectfully submitted,
I NOV 2-8 2023 ~e.~
~UNICIPAL COUNCIL Maggie E. Clarke
Clerk of Council Committees
E RK
ACCEPTED. RECOMMENDATIONS ADOPTED.
~ -~JfJ~
I 11(/J" -
Committee on Public Health &
Environmental Affairs
November 28, 2023
Page 4 of4
23
RECEIVED
City of Taunton CITY CL.EP~:s OFFICE
Municipal Council
November 28, 2023
The Committee on Public Propertv 1AUN10H. Mi\
C\i'Y Cl.ERK
The meeting was held at Taunton City Hall, 15 Summer Street, Taunton;-MA.---o278"0 in the
Chester R. Martin Municipal Council Chambers.
Members Present: Councilor Christopher Coute, Chairman
Councilor John McCaul
Councilor Kelly Dooner
Councilor Lawrence Quintal
Councilor Estele Borges
Also Present: Michael Patneaude, City Engineer
William Murray, 125 Sao Paolo Avenue
The meeting was called to order at 6:48 PM.
1. Approve minutes from October 24, 2023.
Motion by Mr. McCaul and seconded by Mr. Quintal to approve. So voted.
2. Meet to discuss the request from the owner of 125 Sao Paolo Avenue to purchase a small
piece of adjacent land.
Motion by Ms. Borges and seconded by Mr McCaul to invite in the interested parties. So
voted.
William Murray of 125 Sao Paolo Avenue explained that in 1992 the area was developed and
at that time they were planning to put in a cul-de-sac. He is looking to square off his
property to put in a garage. When they developed the land, it wasn't a through street and
then later it was extended. Mr. Patneaude agreed that originally Sao Paolo was a dead end
with a cul-de-sac.
Mr. Coute asked if this was considered as part of the abutters program and Mr. Patneaude
indicated that he was thinking that this piece should be discontinued and would then revert
back to the abutters. He showed a drawing of the land in question.
24
Ms. Borges stated that she thinks it makes sense to refer this to the Law Department to take
the proper steps to allow this gentleman to take possession of the land and offer the same to
the neighbors on the other side of the street, parcel 34-122.
Mr. Coute asked about the process to discontinue and Mr. Patneaude indicated that there is a
public hearing process and there will need to be a plan generated. Mr. Coute asked if an
engineer would need to be hired or if Mr. Patneaude's office could do this. Mr. Patneaude
indicated that an engineer would need to be hired but perhaps the owner would pay for the
engineer in lieu of purchasing the land.
Motion by Ms. Borges and seconded by Ms. Dooner to make the drawing part of the record
and refer this to the public hearing process to discontinue and get consultation from the Law
Department regarding who should produce the plan, the resident or the City. So voted.
Motion by Ms. Borges and seconded by Ms. Dooner to adjourn the meeting at 6:57 PM and
excuse the parties. So voted.
List ofDocuments and Other Exhibits Used:
Public Property Minutes of 10/24/23
Letter from William and Delores Murray dated 10/17/23
Drawing ofland near 125 Sao Paolo Avenue
I <'ITY OF TAUNTON
Respectfully submitted,
l NOV 2 ·8 2023
~C.~k
I
I
l!~~1U~~ICIPAL COUNCIL
Maggie E. Clarke
Clerk of Council Committees
REPORTS ACCEPTED. RECOMMENDATIONS ADOPTED.
Committee on Public Property
November 28, 2023
Page2 of2
25
CITY OF TAUNTON
0RDER#16
FY 2024
~ ~ 6°0iUlett'. . . . . . . . . . . ~~~~-~~~E.~.~?.~~-~~................ 20..............
The sum of fifty nine dollars and eighty one cents ($59.81) be and hereby is transferred
as follows:
From: 01-210-5200-5211 (Energy-Electricity)
To: 01-210-5520-5999 (Prior Year)
································································ tf}7k£,.
Agenda
MUNICIPAL COUNCIL AGENDA
CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS
15 SUMMER STREET, TAUNTON, MA 02780
_ CfyC~~~Offi~
NOVEMBER 28, 2023-7:00 PM Notice of Posting
Time: / /'. 3<-f a. 'M ·
PLEDGE OF ALLEGIANCE
INVOCATION
Date: II /2 ;;i /a. 3 @
ROLL CALL
READING OF THE RECORDS FROM NOVEMBER 21, 2023
PUBLIC INPUT
• Comments will be received for the record
• Please state your name and address
• Please limit comments to 3 minutes or less
• Supplemental written comments may also be provided
• Comments should be addressed to the body as a whole and pertain to the business of the
City
HEARING #1: Continued Hearing: To discuss the possible revocation of the Tow
Service Contract between the City of Taunton and Scott Souza, Tony's
Auto Wrecking located at 303 Broadway, Taunton under Section 2 of said
contract.
HEARING #2: Continued Hearing: On the petition submitted by Maureen Pert, 15
Rockland Street, Taunton, MA 02780 for the issuance of a personal Kennel
License per City Ordinance Section 3-24 to allow a Grade 1 (4-6 Dogs)
Kennel License for personal use/dogs, NOT BUSINESS USE, at 15
Rockland Street, Taunton.
• Corn. from Animal Control Officer - Submitting a Positive
Recommendation
• Map of Location
HEARING #3: On the joint pole petition of Taunton Municipal Lighting Plant and Verizon
New England, Inc. proposing to place a new joint pole location, 124S on
Bay Street in the City of Taunton.
• Map of Location
HEARING #4: On the petition of Edmund J. Brennan, Jr., Esq., Brennan, Recupero,
Cascione, Scungio, McAllister LLP, 174 Dean Street, Unit B, Taunton,
MA 02780 on behalf of his client 12 Porter Street Development, LLC, c/o
Edmund J. Brennan, Jr. Esq., 174 Dean Street, Unit B, Taunton, MA 02780
for the issuance of a Special Permit to allow:
A 28 unit multi-family development at 10-18 Porter Street, Taunton,
located in the Urban Residential District.
• Com. from City Planner- Submitting Comments & ZBA Case #3741
• Com. from City Engineer - Submitting Comments
• Com. from Conservation Agent - Submitting Comments
• Com. from Water Superintendent - Submitting Comments
• Com. from Fire Inspector - Submitting Comments
• Com. from Board of Health - Submitting Comments
• Two (2) Maps of Location
COMMUNICATIONS FROM THE MAYOR
• Community Update
APPOINTMENTS
• Appointment of Danielle Edmands to serve as the Executive Director of the Board of
Health for a term of three (3) years expiring December 2026
COMMUNICATIONS FROM CITY OFFICERS
Pg. 1 Com. from Chief Financial Officer - Requesting to Meet with the Committee on
Finance and Salaries
Pg. 2 Com. from Chief Financial Officer - Requesting Executive Session with the
Committee on Public Property
Pg. 3 Com. from Treasurer/Collector - Requesting to Meet with the Committee on
Finance and Salaries
COMMUNICATIONS FROM CITIZENS - NONE
PETITIONS
Class II License RENEWALS:
1. Advantage Automotive located at 600 Winthrop Street, Taunton
2. After Hours Auto Body, Inc. -dba-After Hours Auto Sales located at 20 North Avenue,
Taunton
3. Amorim Auto Sales, Inc. located at 265 Longmeadow Road, Taunton
4. Borges Auto Center, Inc. located at 157 Dean Street, Taunton
5. Bristol Motors located at 147 Fremont Street, Taunton
6. Cambra Auto Sales located at 117 Summer Street, Taunton
7. County Street Motors located at 603 County Street, Taunton
8. Cruisin Classics located at 597 Winthrop Street, Taunton
9. Dipson Convenience & Repair, Inc. -dba- Dipson & Sons Auto Sales located at 594
Winthrop Street, Taunton
10. Fault Line Kustoms, LLC located at 32 Robert West Boyden Road, Taunton
11. Fogg Auto Sales Inc. located at 346 Winthrop Street, Taunton
12. Frank's Auto Body, Inc. located at 265 Broadway, Taunton
13. GFK Enterprise LLC -dba- Oakland Auto Sales located at 214 Tremont Street
14. Gesner Auto, Inc. located at 445 Winthrop Street, Taunton
15. Hermes Auto Sales, Inc. located at 420 Broadway, Taunton
16. Leo's Auto Sales & Service located at 350 Y2R Winthrop Street, Taunton
17. Leonard's Auto Repair & Performance, Inc. located at 265 Bay Street, Taunton
18. Loftus Auto City, Inc. located at 450 Winthrop Street, Taunton
19. New England Auto located at 157 West Water Street, Taunton
20. Northeast Auto Exchange Inc. located at 406 Tremont Street, Taunton
21. Perry's Towing & Service, Inc. located at 143 Broadway, Taunton
22. Prestige Auto Mart Inc. -dba- Prestige 3 located at 288 Broadway, Taunton
23. Professional Car Zone, LLC located at 381 Weir Street, Taunton
24. RPM' SS LLC located at 404 Winthrop Street, Taunton
25. Scott's Service Center, Inc. located at 129-131 Ingell Street, Taunton
26. TRMN8R Enterprises, LLC located at 408 Tremont Street, Taunton
27. Walt's Auto Specialty, Inc. -dba- Walt's Motors located at 287-289 Broadway, Taunton
Class III License RENEWALS:
28. Arthur's Auto Junkyard located at 147 Fremont Street, Taunton
29. Carmelo's Auto Body, Inc. located at 2 Porter Street, Taunton
30. Harry's Auto Wrecking located at 68 Whitsborough Street, Taunton
31. Reynold's Auto Wrecking, Inc. located at 733 South Precinct Street, East Taunton
COMMITTEE REPORTS
UNFINISHED BUSINESS - NONE
ORDERS, ORDINANCES AND RESOLUTIONS
Ordinance for a second reading to be passed to a third reading
AN ORDINANCE
Chapter405
Sec. 405-64---Tow-away zone regulations.
Be it ordained by the Municipal Council of the City of Taunton as follows:
That Chapter 405, Section 405-64(E) of the Revised Ordinances of the City of Taunton, as
amended, is hereby further amended by adding the following:
Name of Street Side Location
Bay Street West From Lakeview Avenue to the Norton Town Line.
Bay Street East From the Norton Town Line to Perra's Lane.
All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall
become effective immediately upon passage.
Ordinance for a second reading to be passed to a third reading
AN ORDINANCE
Chapter 202 - Boating
Be it ordained by the Municipal Council of the City of Taunton as follows:
That Chapter 202, of the Revised Ordinances of the City of Taunton, as amended, is
hereby further amended by striking the words "powerboat" and "powerboats" and replacing said
words with "watercraft" throughout said Chapter.
That Chapter 202, Section 202-1 of the Revised Ordinances of the City of Taunton, as amended,
is hereby further amended by striking said section and replacing the same with the following:
§ 202-1. Definitions.
As used in this article, the following terms shall have the meanings indicated:
WATERCRAFT
Any boat or personal watercraft powered by an electric or internal combustion engine
permanently or temporarily affixed to such boat.
That Chapter 202, Section 202-4 of the Revised Ordinances of the City of Taunton, as amended,
is hereby further amended by adding the following new paragraph:
D. No person, except a public safety official in the performance of their duties, shall
operate a watercraft on a lake within the City in excess of twenty-five (25) miles per
hour.
All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall
become effective immediately upon passage.
NEW BUSINESS
1. Councilor Borges requests to refer the letter from the Water Department that was sent with
the recent water bills notifying residents of water testing to the Department of Public
Works Committee for discussion and invite the Water Superintendent.
Respectfully submitted,
~/~
Krystal L. Dion
Assistant City Clerk
THE COMMONWEALTH OF MASSACHUSETTS
ANIMAL CONTROL OFFICER KENNEL INSPECTION REPORT
City or Town of: __T_A_U_N_T_O_N
_ _ _ _ _ _ _ _ __ Page 1 of_ _ _ __
Kennel license number: ______________
Inspection date: ___1.j...\O.u./..,;,,2-4-7,'""'2""'3;i,..----------
Kennel name:_--'--------------------------------~
Kennel owner: Maureen Pert
Kennel address: 15 Rockland Street
Kennel phone: Number of dogs over 6 months old on premise:
508 878-7857 5
Kennel veterinarian and address: Number of dogs allowed for this license:
Petco
6
Kennel license status:
Kennel type: Commercial D Doggie Daycare D
If kennel license has not been renewed, why not?_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
l~~;ft~ti~"iiJ&1~'~~,~~T2~F··
Dog Housing Crates D Kennel D Free Range l./I Other ::tN .Wm e
i"~•?~~liliiilfli~~~;?~/·.~·c ··r· ;
A. Dogs are housed in a humane manner: Yes[{] NoO
B. Dogs are able to stand, lie down and tum around freely: Yes[{] NoD
C. Kennel is kept at an ambient temperature: Yes[{] NoO
(between 55 and 85 degrees Fahrenheit)
D. Kennel is maintained in a sanitary manner: Yes [{] No D
[ZI No D
E. The kennel has adequate lighting: Yes
F. Dogs have access to clean, fresh food and water: Yes [{]
NoB
G. Dogs have adequate exercise space: Yes [{] No
H. Veterinary and other records available: Yes [{] No D
Please explain any No answers on page 2.
Approved ./ Not approved D Reinspect on or after:
ACOs name: Manuel Massa
ACO's Signature: !YJ(Jrn1J..1. l n1~ :i:~::~~:c:;:::i:~~nt:·-,:;~=---
~=~----_DPt>~~-
White Copy- Office I Yellow Copy-ACO I Pink Copy- Kennel Owner
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LEGEND:
VZ N.E. INC. No. MA2023-40 MUNICIPALITY TAUNTON
PROPERTY LINE
DATED 9/18/2023 NOTTO SCALE
EDGE OF PAVEMENT
PLACE NEW STUB POLE ON BAY STREET EDGE OF ROADWAY
@ EXISTING POLE
TO ACCOMPANY PETITION OF
VERIZON NEW ENGLAND INC. AND • PROPOSED POLE
TAUNTON MUNICIPAL LIGHT DEPARTMENT
s Eii1! EXISTING POLE TO BE REMOVED
__ ,
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1281 Bay St
PIO: 24-38
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, -- PIO: 24-41..-,,.,.
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1219 Bay St
PIO: 24-42
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NOTTO SCALE
City of Taunton, Massachusetts
DEPARTMENT OF
PLANNING AND CONSERVATION
Location: 141 Oak Street
Mailing: 15 Summer Street
Taunton, Massachusetts 02780
Kevin R Scanlon, Director/ Planner AICP
Michele Restino, Conservation Agent Phone 508-821-1051, 508-821-1043
Phone 508-821-1095 Fax 508-821-1665
http://www.taunton-ma. ~ov
November 21, 2023
Honorable Shaunna O'Connell, Mayor
Municipal Council
15 Summer Street
Taunton, Ma 02780
RE: Special Permit -12 Porter Street- multifamily
This letter is in regards to the Special Permit request for a 28 unit multi family development at 12 porter
Street located in the Urban Residential District.
The petition will require a Site P]an Review approval. The site received variances from the zba (see
attached) in case #3 741.
Comments were received from the Board of Health, Engineering, Fire, Conservation and Water Division.
I have no recommended conditions.
If you have any questions, please contact me at 508-821-1051
Sincerely,
Kevin R Scanlon,
Director AICP
CITY of TAUNTON
ZONING BOARD of APPEALS
141 Oak St., - Office address
15 Summer St. - Mailing address
Phone 508-821-105111043
Fax 508-821-1665
Denise J Paiva, Secretary
QJ2~Jv~~@:ta~ll!!Q!!.-m~QY
Case# 3741
The petition of 12 Porter Street Development, LLC, 248 Winthrop St. Taunton, Ma. for a Variance from 440
Attachment# 3, Section 440-1001 and Section 440-702 to allow a front setback of 10' (instead of 25') a rear
setback of 15' (instead of 20') a distance of 20' between buildings 1 and 4 (instead of 52.5') and a distance of
1O' between buildings 1 and 3 (instead of 52.5 ') and a 4 foot side landscaped buffer (instead of 15' ) and a 3
foot rear landscaped buffer (instead of 15') on premises situated at 10-18 Porter St., (aka parcels 65-220, 65-
219, 65-221, 65-208 and 65-209. Taunton, Ma.
A public hearing was held on August 24, 2023 at 15 Summer St., City Hall, in the Chester R. Martin Municipal
Council Chambers and the following members present: Dennis I. Ackerman, Chairman, Seth Turner, Steve
Vieira, Craig Faria, John Joyce and Scott Rodrigues.
For the Petitioner: Atty. Edmund Brennan, 174 Dean St., Taunton, Ma.
Hannah Cassidy, 12 Porter St, Taunton, Ma.
Amanda Langer, Site Designer
In favor: petition signed by 16 abutters in favor.
Opposed: None
Findings: The petitioner is requesting a Variance from Section 440 Attachment #3, 440-702 and 440-1001 of
the Zoning Ordinance for front and rear setbacks and side and rear landscape buffer and distance between
buildings for a multi-family development at 10-18 Porter Street (aka parcels 65-220, 65-219, 65-221, 65-208
and 65-209) in the Urban Residential District.
The petitioner is proposing to revitalize the former MM Rhodes Factory on Porter Street. The proposal is to
retain two of the buildings and construct 3 additional buildings which will result of a total of 28 residential
units. The proposal encompassing preserving and showcasing many historical relics from the factory
throughout the buildings and potentially providing a hall of history within Building #1 in tribute to the factory.
The Board finds the site has been cleaned up and granting relief will allow the re-development of the site which
includes various convenient amenities such as parking being garages under units, and outdoor courtyards. The
Board finds the relief can be granted without substantial detriment to the public and without nullifying or
substantially derogating from the intent and purpose of the Zoning Ordinance
Case# 3741- 12 Porter Street Dev., LLC Page I
Motion to Grant as presented based on adherence to the submitted application including the Submitted plans
and all bulk, size and intensity criteria contained therein.
VOTE: 5 In Favor Opposed
Dennis I. Ackem1an, Chairman Yes
Seth Turner Yes
Steve Vieira Yes
Craig Faria Yes
John Joyce Yes
PETITION GRANTED
A True Copy of Decision
Filed in the Office of the City Clerk
September 11, 2023
City ~f T~mton Board. .of Appeals
N~/I~
Chairman
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Case# 3741- 12 Porter Street Dev., LLC Page 2
CITY of TAUNTON
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
90 lngell Street
Taunton, Massachusetts 02780-3507
Phone: 508-821-1027
Michael P. Patneaude, P.E.
City Engineer
October 16, 2023
Members of the Municipal Council
15 Summer Street
Taunton, MA 02780
c/o: Jennifer Leger, City Clerk
RE: Special Permit filing - 10-18 Porter Street - multi family
Dear Members of the Municipal Council;
In reviewing the plans and associated documents for the Special Permit, the following comments are
listed for discussion:
• There is cun-ently a "No Parking" ordinance in front of the site on Porter St. from The railroad
tracks to Mason St. The site will need to accommodate all of the parking for tenants and their
guest as on street parking is limited.
• The sewer system on Porter St. was constructed in 1899 and is showing its age. Veolia recently
videoed the line and has the report available. The applicant needs to calculate the proposed daily
flows for the project to determine if the existing 8" sewermain can handle the increase flows.
• All of the proposed stormwater controls will be evaluated during Site Plan Review.
Sincerely,
Michael Patneaude, P .E.
City Engineer
C:\ Users\kscanlon\Downloads\letter to the Council about 10-18 Porter Street - multi family units.docx Page 1
*4
City of Taunton, Massachusetts
CONSERVATION
COMMISSION
OFFICE: 141 Oak Street
MAILING ADDRESS: 15 Summer Street
Taunton, Massachusetts 02780
Phone 508-821-1095
Conservation Commissioners
Steven Turner, Chair
Debbie Botellio, Vice Chair
Joshua Borden
Richard Enos
Luis Freitas
Matthew Haggerty
Jan Rego
October 12, 2023
Municipal Council
RE: Special Permit filing -10 -18 Porter Street - Multi-family
There are no Conservation concerns regarding the request for a Special Permit for a 28-unit multi-family
development at 10-18 Porter Street, located in the Urban Residential District.
~s~ectfully,
./04hel: es~
, Conservation Agent
10-18 Porter Street - Special Permit
Mike Arruda < marruda@taunton-ma.gov>
Thu 10/5/2023 10:55 AM
To:Denise Paiva <dpaiva@taunton-ma.gov>;Kevin Scanlon <kscanlon@taunton-ma.gov>
Cc:Frederick Cornaglia <fcornaglia@taunton-ma.gov>;Anthony Abreau <aabreau@taunton-ma.gov>;Bruce Emond <bemond@taunton-
ma.gov>;Katherine Nunes <knunes@taunton-ma.gov>;Mike Patneaude <mpatneaude@taunton-ma.gov>;Kenneth Aveiro
< kaveiro@taunton-ma.gov>
Hi Denise,
Please see the DPW Water comments below:
• City water is available from the existing 12" city water main on Porter Street.
• Plans are required and need to be submitted to DPW for water services, fire service line, gate valves and curb
stops
• DPW permits are required including: City licensed contractor, road opening, and or trench
• DPW Specifications apply including: Pressure testing, fire flow test, materials, installation, new water meter with
an updated radio frequency unit, inspection, and approval
• DPW Specification apply including: Any backflow devices must be inspected by the Plumber Inspector or City
Inspector
• DPW permits are required including: City licensed contractor, road opening, and or trench
• City reserves the right to change these terms and conditions at any time
Please reply with any questions
Thanks
Mike Arruda
Water Superintendent
508-813-5659
10/23/23, 8:28 AM Special permit - 1O Porter Street - Denise Paiva - Outlook
\JJJ Delete 6 Archive 0 Report v ~ Reply <~ Reply all r7 Forward v A Read I Unread
Special permit - 10 Porter Street
Robert Bastis <rbastis@tauntonfd.com> <~
RB
To: Denise Paiva Thu 10/19/2023 4:42 PM
This message originated from outside of the City of Taunton Email.
Do not click links or open attachments unless you recognize the sender and know the content is
safe.
I have reviewed plans for the proposed 28 unit multi family development and determined
that sufficient fire department access exists.
Please contact me directly with any questions.
Captain Robert J. Bastis Jr.
Fire Inspector/Investigations Coordinator
Office of Fire Prevention & Investigations
141 Oak Street Taunton, Ma. 02780
0: (508)821-1453
C: (508)328-8140
~ Reply r7 Forward
about: blank 1/1
City of Taunton
BOARD MEMBER.'1~ 12.l'"(':j # 4
Dr. BRYAN BAGDASIAN
Dr. BRUCE E. BODNER
Board of Health Dr. CHARLES A. THAYER
141 Oak Street
Taunton, MA 02780-3212 ADAMS. VICKSTROM CP-FS, HHS
ASSIST ANT EXECUTIVE DIRECTOR
October 23, 2023
TO: Planning Board
FROM: Adam S. Vickstrom
Assistant Executive Director
Board of Health
RE: Special Permit - 10-18 Po1ier Street - Multi Family
The Board of Health has reviewed the following:
Special Permit -10-18 Porter Street -Multi Family
The property is serviced by municipal water and sewer. All dwellings must comply
with the Minimum Standards of Fitness for Human Habitation, State Sanitary Code,
Chapter II.
Telephone 508-821-1400 I Fax 508-821-1403
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City of Taunton Ligia M . Madeira, Esq.
CHIEF OF STAFF
OFFICE OF THE MAYOR
City Hall Patrick D. Dello Russo, Jr.
15 Summer Street · Taunton MA 02780 CHIEF FINANCIAL OFFICER
(508) 821-1000
Gill E. Enos
MAYOR SHAUNNA O'CONNELL BUDGET DIRECTOR
Community Update - November 28, 2023
11o•h Lights On Festival
• Saturday, December 2, 2023, 3:00pm - 8:00pm
• Opening Ceremony begins 4:30pm on Taunton Green
• Visit www.lightsonfestival.org for more information and schedule of activities
Christmas Parade
• Sunday, December 3, 2023, 12:00pm
• Starts on Broad way, ends at City Hall
• Non-perishable food items will be collected along the parade route to suppo1t local food
pantries
On Sale Now at Mayor's Office (4th Floor, City Hall)
• Lights On Buttons - $5
• Taunton Police Christmas Patches - $10
• Lights On Christmas Ornaments - $20
Christmas Parade Raffle Basket Fundraiser
• Come see the amazing raffle baskets crafted and donated by City employees!
• Located on 2 11 d Floor of City Hall (front entrance)
• Tickets available from Clerk of Committees, 211 d Floor of City Hall
• 10 tickets for $10, 24 tickets for $20
• Winners picked on Tuesday, December 5, 2023
4th Annual Gingerbread House Decorating Contest
• Staits Monday, December 4th and closes Monday, December 18th
• Submit photos to gingerbread@taunton-ma.gov (no professional entries)
• Photo entries will be shared on City of Taunton Facebook page
• Winners (adult and child categories) will be announced on Tuesday, December I 9, 2023
Please visit the City website (www.taunton-ma.gov) and City Facebook page for more
information.
City of Taunton Ligia M. Madeira, Esq .
CHIEF OF STAFF
OFFICE OF THE MAYOR
City Hall Patrick D. Delio Russo, Jr.
15 Summer Street· Taunton MA 02780 CHIEF FINANCIAL OFFICER
(508) 821-1000
Gill E. Enos
MAYOR SHAUNNA O'CONNELL BUDGET DIRECTOR
November 22, 2023
Council President Kelly Dooner
Members of the Taunton Municipal Council
I 5 Summer Street
Taunton, MA 02780
Dear Council President Dooner and Members of the Taunton Municipal Council,
Please be advised that the Board of Directors for the Taunton Board of Health has voted to appoint
Danielle Edmands to serve as Executive Director of the Board of Health for a term of three years.
The Board 's vote took place on November I 6, 2023 , and Ms. Edmands ' start date is December 1 I ,
2023.
Ms. Edmands is currently a Regional Health Inspector with several years of experience in health
code enforcement. Throughout her career, Ms . Edmands has served multiple municipalities and
worked with a variety of town-specific regulations. In Ms. Edmands' most recent position, she
served as Regional Health Inspector for the Blackstone Valley, and was responsible for providing
inspectional services for eight towns in the area, enforcing Massachusetts State Sanitary Codes,
and educating the public regarding proper public health practices.
Ms. Edmands' municipal experience combined with her Master of Public Health Degree and
Registered Sanitarian license among other certifications makes her a strong candidate to lead the
Taunton Board of Health, and I support the Board's decision to name her Executive Director.
I look forward to Ms. Edmands ' contributions to the Board of Health and the City over the course
of her term.
Respectfully,
Mayor Shaunna O'Connell
i.
City of Taunton Ligia M. Madeira, Esq.
CHIEF OF STAFF
OFFICE OF THE MAYOR
City Hall Patrick D. Dello Russo, Jr.
15 Summer Street · Taunton MA 02780 CHIEF FINANCIAL OFFICER
(508) 821-1000
Gill E. Enos
BUDGET DIRECTOR
MAYOR SHAUNNA O'CONNELL
November 21, 2023
Council President Kelly Dooner
Members of the Taunton Municipal Council
15 Summer Street
Taunton, MA 02780
Dear Council President Dooner and Members of the Municipal Council,
As the Council is aware, the City will be taking ownership of the Coyle Cassidy Building on
December 1, 2023. The City will be acquiring the lease proceeds from Bristol Community College.
To meet the present and future needs of the newly-acquired building, the Finance Department is
requesting the establishment of a revolving fund under MGL CH. 40 §3. This "MUNICIPAL
BUILDING OR PROPERTY RENTAL FUND" may be established in the following format:
"LEGISLATIVE BODY ESTABLISHES REVOLVING FUND FOR RENTAL PAYMENTS FROM
PARTICULAR RENTAL OR LEASE OF BUILDING OR SPACE BY SEPARATE VOTE, OR BY-
LAW OR ORDINANCE SETTING OUT TYPES OF RENTALS OR LEASES REVOLVING F UND
TOBE USED"
The revolving fund will allow the City to pay for salaries of employees, repair and maintenance of
the Coyle Building, and other expenses.
We would like to discuss this matter further in the Finance and Salaries Committee at the next
available meeting.
Thank you for your consideration.
Patrick D. Dello Russo Jr.
Chief Financial Officer
City of Taunton
City of Taunton Ligia M. Madeira, Esq.
CHIEF OF STAFF
OFFICE OF THE MAYOR
City Hall Patrick D. Delio Russo, Jr.
15 Summer Street · Taunton MA 02780 CHIEF FINANCIAL OFFICER
(508) 821-1000
Gill E. Enos
BUDGET DIRECTOR
MAYOR SHAUNNA O'CONNELL
November 21 , 2023
Council President Kelly Dooner
Members of the Taunton Municipal Council
15 Summer Street
Taunton, MA 02780
Dear Council President Dooner and Members of the Municipal Council,
The Finance Department is requesting an executive session with The Committee on Public
Property for discussion on potential property acquisition and or potential litigation related to the
same.
We would like to discuss this matter further at the next available meeting. Thank you for your
consideration.
Respectfully submitted,
4 {)
Patrick D. Delio Russo Jr.
Chief Financial Officer
City of Taunton
CITY OF TAUNTON
MASSACHUSETTS
Office of the Treasurer/Collector
Christine M. Clymens 15 Summer Street Telephone ( 5 08) 821-1054
Treasurer/Collector Taunton, MA 02780 FAX (508) 821-1007
November 17, 2023
Honorable Mayor O'Connell
Members of the Municipal Council
City Hall
15 Summer Street
Taunton, MA 02780
RE: TMLP Bond Request
Dear Mayor O'Connell and Members of the Municipal Council:
The Finance Department would like to present to the Municipal Council a request for Bonding for
TMLP in the amount of $12,000,000.
We ask that the Chief Financial Officer and the Treasurer/Collector be allowed to present the bond
request at the next available Finance and Salaries Cmpmittee meeting.
Thank you for your consideration.
Respectfully submitted,
Christine M. Clymens
Treasurer/Collector
RECEIV ED
CITY CLERK'S OFFICE
2DZ3 NOV 22 A q; 5q
TAUNTON. HA
November 28, 2023
. .__ ___----CI l Y CL Er<K
Honorable Shaunna L. O'Connell, Mayor
Council President Kelly A. Dooner
And Members of the Municipal Council
The following committee meetings have been scheduled for Tuesday, November 28, 2023 at
5:30 PM at the Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester
R. Martin Municipal Council Chambers.
5:30 PM
The Committee on Finance and Salaries
1. Approve minutes from November 21, 2023.
2. Meet to review the weekly vouchers and payroll for City departments.
3. Meet to discuss the request of the Police Department to pay a prior year bill and transfer
$59.81from01-210-5200-5211 (Energy-Electricity) to 01-210-5520-5999 (Prior Year).
4. Meet with the Human Resources Director for the continued discussion on the proposal that
the Clerk of Committees become a certified parliamentarian.
Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass.
Gen. L. C. JOA, §18 may occur concurrently with this committee meeting.
The Committee on Public Property
1. Approve minutes from October 24, 2023.
2. Meet to discuss the request from the owner of 125 Sao Paolo A venue to purchase a small
piece of adjacent land.
Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass.
Gen. L. C. JOA, §18 may occur concurrently with this committee meeting.
Page 1 of 2
The Committee on Public Health and Environmental Affairs
1. Approve minutes from March 7, 2023.
2. Meet for a discussion on recent gasoline leaks at area gas stations.
Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass.
Gen. L. C. JOA, §18 may occur concurrently with this committee meeting.
Respectfully,
~L.~
Maggie E. Clarke
Clerk of Council Committees
Page 2 of2
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